HOUSE BILL No. 5141 November 30, 1999, Introduced by Reps. Birkholz, Ehardt, Hager, LaSata, Rick Johnson, Middaugh, Julian, Mead, Jellema, Van Woerkom, Woodward, Toy, Voorhees, Gosselin, Garcia, Jelinek and Jansen and referred to the Committee on Transportation. A bill to amend 1941 PA 205, entitled "An act to provide for the construction, establishment, opening, use, discontinuing, vacating, closing, altering, improvement, and maintenance of limited access highways and facilities ancillary to those highways; to permit the acquiring of property and prop- erty rights and the closing or other treatment of intersecting roads for these purposes; to provide for the borrowing of money and for the issuing of bonds or notes payable from special funds for the acquisition, construction or improvement of such high- ways; and to provide for the receipt and expenditure of funds generated from the facilities," by amending section 2 (MCL 252.52), as amended by 1999 PA 47. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 2. (1) The state transportation department, a board of 2 county road commissioners, or a city or village, acting alone or 3 in cooperation with each other or with a federal, state, or local 4 agency having authority to participate in the construction and 5 maintenance of highways, may establish, open, discontinue, 6 vacate, close, alter, improve, maintain, and provide for the 04364'99 TLG 2 1 public use of limited access highways, subject to section 1(i) of 2 1925 PA 352, MCL 213.171. 3 (2) The state transportation department shall allow only the 4 installation of vending machines at selected sites on the limited 5 access highway system to dispense food, drink, and other articles 6 that the state transportation department determines appropriate. 7 The state transportation department shall allow only the instal- 8 lation of vending machines at selected travel information 9 centers. Following a 2-year trial period the state transporta- 10 tion department shall use its discretion with the advice of the 11 commission for the blind to allow only vending machines at other 12 locations on the limited access highway system. The vending 13 machines shall be operated solely by the commission for the 14 blind, which is designated as the state licensing agency under 15 section 2(a)(5) of chapter 638, 49 Stat. 1559, 20 U.S.C. 107a. 16 Except as otherwise provided in this section, no other commercial 17 enterprise shall be authorized or conducted within or on property 18 acquired for or designated as a limited access highway. The com- 19 mission for the blind shall require evidence of liability insur- 20 ance and monitor compliance as it pertains to only vending 21 machines in the designated areas, holding harmless the state 22 transportation department. 23 (3) In conjunction with the exemption granted by federal law 24 from the restrictions contained in section 111 of title 23 of the 25 United States Code, 23 U.S.C. 111, and described in the "manual 26 on uniform traffic control devices for streets and highways", 27 U.S. department of transportation and federal highway 04364'99 3 1 administration, part 2g (LOGOS), this section does not prohibit 2 the use of facilities located in part on the right-of-way of I-94 3 in the vicinity of the interchange of I-94 and I-69 business 4 loop/I-94 business loop for the sale of only those articles 5whichTHAT are for export and consumption outside the United 6 States. 7 (4) This section does not prohibit the use of facilities 8 located in the vicinity of the international bridge in the city 9 of Sault Ste. Marie for the sale of only those articleswhich10 THAT are for export and consumption outside the United States to 11 the extent that the use is not restricted by federal law. 12 (5) This section does not prohibit the operation of customs 13 brokering facilities on state owned property available for that 14 use at the sites of the blue water bridge in Port Huron and the 15 international bridge in Sault Ste. Marie. 16 (6) The state transportation department may enter into a 17 lease for facilities described in subsection (3), (4), or (5), 18 the revenue from which shall be deposited in the state trunk line 19 fund if attributable to the blue water bridge site or in the fund 20 created under section 7 of 1954 PA 99, MCL 254.227, if attribut- 21 able to the international bridge site. 22 (7) This section does not prohibit the use of facilities 23 located at rest areas or welcome centers to distribute, either 24 directly or through electronic technologies, free travel related 25 information or assistance, or both, to the traveling public if 26 the distribution is approved by the state transportation 27 department. 04364'99 4 1 (8) The state transportation department may enter into 2 agreements for the activities described in subsection (7), the 3 revenue from which shall be deposited in the state trunk line 4 fund. 5 (9) This section does not prohibit the use of logo signage 6 within the right-of-way of limited access highways. For purposes 7 of this subsection, "logo signage" means a sign containing the 8 trademark or other symbol that identifies a business in a manner 9 and at locations approved by the state transportation 10 department.TheSUBJECT TO SUBSECTION (10), THE state trans- 11 portation department may enter into agreements to allow logo sig- 12 nage, and any revenue received by the state transportation 13 department under this subsection shall be deposited into the 14 state trunk line fund established under section 11 of 1951 PA 51, 15 MCL 247.661. 16 (10) A FARMERS' MARKET IS ELIGIBLE TO ADVERTISE ON A LOGO 17 SIGN DESCRIBED IN SUBSECTION (9) IF THE FARMERS' MARKET IS 18 LOCATED WITHIN 10 MILES OF THE INTERSTATE EXCHANGE WHERE THE LOGO 19 SIGN STANDS. A FARMERS' MARKET SHALL ONLY ADVERTISE ON A LOGO 20 SIGN THAT THE STATE TRANSPORTATION DEPARTMENT HAS DESIGNATED FOR 21 THE ADVERTISEMENT OF RESTAURANTS AND OTHER EATERIES. THE STATE 22 TRANSPORTATION DEPARTMENT SHALL GIVE PREFERENCE TO AN ELIGIBLE 23 FARMERS' MARKET THAT APPLIES TO ADVERTISE ON A LOGO SIGN AS 24 DESCRIBED IN SUBSECTION (9) OVER ANY OTHER RESTAURANT OR EATING 25 ESTABLISHMENT. AS USED IN THIS SUBSECTION, "FARMERS' MARKET" 26 MEANS A GROUP OF FARMERS OR VENDORS THAT LEASES OR RENTS SPACE ON 27 A TEMPORARY BASIS IN A COMMON FACILITY OR AT A COMMON SITE AND 04364'99 5 1 THAT OFFERS TO SELL PRIMARILY FRESH FARM PRODUCTS AND OTHER 2 LOCALLY PRODUCED ITEMS. 04364'99 Final page. TLG